Jalili v Bury Council. Manchester County Court 17 June 2021 (copy of judgment can be found on Civil Litigation Brief here) An interesting, though non-binding, county court decision on the issue of costs of a disrepair claim that settled pre-allocation. Ms...
The Building Safety Bill
The Building Safety Bill is here. There is a lot in it and I can't claim to have mastered it in the few hours since it was published, but I wanted to get something down on paper as soon as possible. This is, so we have been repeatedly told, the vehicle...
Smorgasbord: Updated s.21 flowchart, EPA prosecution costs and an unsuccessful RRO
Having realised a day late that the Section 21 validity flow chart needed updating to take into account the new 4 month notice period (and 8 month 'use it or lose it' period) for section 21 notices served on or after 1 June 2021 brought in by The Coronavirus...
A bundle of case notes
Brief notes on assorted cases of some interest that we haven't otherwise covered. (Well, of interest to me. Other people may be interested in some or all of them. Covering possession, service charges, tribunal costs, management, Defective Premises Act, rent...
Between repairs and structural defects
City of London v Various Leaseholders of Great Arthur House (2021) EWCA Civ 431 This was the Court of Appeal judgment on an appeal from the Upper Tribunal (our report here) where the issue was whether the leaseholders were liable under their service charge...
Trying to shoot the messenger.
Moorjani v Kilcoyne (Rev 1) (2020) EWHC 3463 (QB) The name of Moorjani may be familiar. We first encountered Mr Moorjani in a judgment transforming the case law on loss of amenity damages in disrepair claims in the Court of Appeal. However, despite the...
Repairs, renewals and ‘like for like’
The London Borough of Lambeth v Gniewosz (LANDLORD AND TENANT : SERVICE CHARGES) (2020) UKUT 274 (LC) A rather odd Upper Tribunal appeal of an FTT decision as to whether the costs of a new roof to parts of a block of flats would be recoverable under the...
Notes for noting
Several quick things. The Court of Appeal is to hand down judgment in Arkin v Marshall at 1.30 pm on Monday (11 May). This is the appeal of the decision that the Practice Direction 51Z general 90 day stay on part 55 possession proceedings cannot be lifted,...
Sound insulation and fitness for habitation – Scotland
We don't usually run Scottish case law. It is, after all, a whole separate legal system, and one in which none of us are qualified. It is also, going by the language of the judgments, utterly splendid - after all, who doesn't fancy a judgment that repeals...
Housing law webinars
A couple of interesting housing law webinars in the next few days (well, hopefully both interesting, as I'm doing one of them) for all your 'working from home but still interested in housing law' needs. On Thursday 30 April at 10.30 am, the latest in Tessa...
Not signed, not sealed, not delivered
Ratcliffe & Ratcliffe v Patterson & Porter. County Court at Luton, 17 March 2020 (Unreported elsewhere, we've seen an unofficial note of judgment. Grateful thanks to Clare Cullen of Field Court Chambers) A first instance county court judgment on a...
Working on homes
As of today, 20 March 2020, section 9B(4) of Landlord and Tenant Act 1985 means that the section 9A 'fit for human habitation' obligation applies to all periodic and secure tenancies in England that existed on 20 March 2019 and are ongoing. This means that...